JUDGMENT :

P.K. Misra, J. - Plaintiffs have filed this revision against the order of the trial Court refusing their petition under Order 6, Rule 17, CPC (in short, the "C.P.C.") for amendment.

2. The suit was primarily one for partition along with certain other reliefs. Paragraph-4(a) of the prayer portion of the plaint reads as follows:

"4(a). Directing the defendant to deliver possession of the suit huller-cum-sheller rice mill in the same sound condition on the date of when it was entrusted to the defendant to run the same on behalf of the plaintiff in his capacity as manager or in the alternative, direct the defendant to perform his part of contract in purchasing the same from the plaintiff under proper and valid."

The defendant in paragraph-13 of his written statement stated :

"13. That as per the agreement to sell dated 19.7.1985 the defendant was always ready with money and willing to purchase the interest of the plaintiff in the land and the mill as per agreement and was also expressing his readiness and willingness from time to time both orally and also in writing. The defendant is now also ready and willing to specifically pay for the contract dated 19.7.1985 and will pay the